Articles

Came Sick to Work
by Dr. Lynne Curry

Question:

One of our employees returned to work Monday morning after having elective surgery Friday. He was visibly weak and said he was just here to finish up a few details. When I went into his office, I saw that he had his head down on his desk and suggested he head home. He said his spouse had dropped him off and would be returning in four hours to take him home.

He was so pale I wanted him to go home and offered him a cab ride home, however, he said if he went home he’d have no one around. He also kept insisting he could work, however, I have strong doubts whether he accomplished anything.

I’m not particularly hard-hearted but I wonder about my rights as an employer? Can I insist that an employee in questionable health get me a medical release? I understand the need for privacy but don’t employees have responsibilities as well to show up fit for work? I watched the situation for the next four hours and he spent most of his “working hours” chatting with concerned co-workers. When I tried to break up this socializing, I felt like Scrooge. Help!

Answer:

Your employee presented you with two bad choices – letting him stay at work when he wasn’t up to it and forcing him to leave.

You might not want to send him home in a cab without checking out whether your employee can adequately care for himself. According to attorney Helena Hall, when you send a seriously ill employee home to house you know is vacant, you could expose yourself to liability for negligence if the employee is harmed as a result of your actions.  

Attorney Kim Colbo disagrees, saying “Employers are neither the employee’s parents nor baby-sitters and generally can’t be held liable for what happens to employees at home. Employees need to take responsibility for ensuring that they have the care they need at home and not expect their employers to compensate them for sitting at work when they should rest at home.”

Attorney Paul Wilcox adds that employers who supervise employees who arrive at work unable to work need to keep their employer role in perspective. Says Wilcox, “Employee and co-worker safety is of foremost concern. Employees unable to work shouldn’t be on the worksite and employers can require that employees provide a medical release stating they are physically able to perform their jobs.” Attorney Hall agrees, stating, “Although employers in many cases can’t ask employees or the employees’ physicians for medical information, employers can require that an employee undergo a fit for duty exam or provide a medical release when the employer has reason to believe the employee suffers from a condition that prevents the employee from being able to do his or her job or that poses a danger to the employee or to others. 

Attorney Hall adds that when employees arrive at work unable to work, you don’t need to pay them for simply being present at the work site. Employees need to be paid when they do work, so in your situation you can let this employee remain at work and not pay him as long as he does no work. If you make this decision, however, Hall says you need to make sure the employee does absolutely no work, that even the simple act of returning a voice mail enables the employee to collect pay.

Finally, you need to realize your employee may have to come to work in good faith and that his co-workers understandably want to show him support. If you feel the socializing has gotten out of hand, locate your ill employee in an area in which he can get privacy and yet call for assistance if he needs it and ask your other employees to give him quiet resting time.

Question:

Every time I bring bottled water into the office or buy a latte from the espresso cart one of my co-workers feels he needs to make his opinion known. He’ll say, “Why’d you buy water when it’s free?” I’ll tell him I like the convenience and taste of bottled water and he’ll say, “jeez, you’re always complaining you’re poor, but you’ve got money for frou-frou.” I’ve said different things to stop his needling, but nothing I’ve said seems to work.

Answer: